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HomeMy WebLinkAboutAgenda & Minutes 6:00 p.m. EXECUTIVE SESSION: LABOR NEGOTIATIONS STRATEGY LELS, TEAMSTERS, AFSCME REGULAR COUNCIL MEETING AGENDA Date: December 2, 1996 1. CALL TO ORDER........................... ............ ......... ................................7 :30 p.m. 2. PLEDGE OF ALLEGIANCE 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES 4. CONSENT AGENDA: A. Consider Approval of Invoices to be Paid. B. Consider Approval of October 1996 Fire Report. C. Consider Approval of Resolution 96-XX Upholding the Appeal of Hillcrest Homes and Thus Permitting the Use of Setback Averaging. D. Consider Approval of Resolution 96-XX Upholding the Decision of the Zoning Officer to Deny the Use of Setback Averaging as Requested in the Appeal of David Smith. E. Consider Approval of Appointments to Economic Development Authority. 5. PRESENTATIONS: A. Allen Loose, Executive Director, Scott Family Net 6. PUBLIC HEARINGS: A. Public Hearing to Consider the Vacation of a Utility Easement Located South of Cates Street, East of Five Hawks Avenue and West of Duluth Avenue in the Plat of Eagle Creek Villas. 7. OLD BUSINESS: A. Consider Approval of 1996 City Council Directives. 8. NEW BUSINESS: A. Consider Approval of Appointments to Scott County Leadership Forum. 9. OTHER BUSINESS: 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT I22t~O Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 1 Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 11118/96 PRIOR LAKE CITY COUNCIL MINUTES PUBLIC FORUM - 7:00 P.M. MINUTES OF THE PRIOR LAKE CITY COUN~IL Date: November 18, 1996 1. CALL TO ORDER: Mayor Andren called the meeting to order and welcomed everyone to the meeting. Present were: Mayor Andren, Councilmembers Greenfield, Kedrowski, Mader, and Schenck, City Attorney Pace, City Manager Boyles, Assistant City Manager Tremere, City Planner Rye, Planning Coordinator Kansier, Planner Tovar, Assistant Engineer Wingard, and Recording Secretary Koch. 2. PLEDGE OF ALLEGIANCE: Mayor Andren led the Pledge of Allegiance. 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES . City Manager Boyles noted that on page 5, "revalue" should be changed to read "revise" . MOTION KEDROWSKI SECOND SCHENCK TO APPROVE THE MINUTES OF THE NOVEMBER 4, 1996 CITY COUNCIL MEETING AS AMENDED. Upon a vote, ayes by Andren, Greenfield, Kedrowski, and Schenck, abstention by Mader, the motion carried. 4. CONSENT AGENDA: A. Consider Approval of Animal Warden Report for October. B. Consider Approval of Building Permit Report. C. Consider Approval of Invoices to be Paid. D. Consider Approval of Treasurer Report. MOTION BY MADER, SECOND BY KEDROWSKI TO APPROVE THE CONSENT AGENDA. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried. 16200 imgM9~k Ave. S.E., Prior Lake, Minnesota 55372-1714 1 Ph. (612) 447-4230 1 Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ,_._~_____~",,___-......"~,"".~.> ._h.,._"_....,',.~...,'_._,_,~.~__~"._,._.,~__'""..............._._......-.-_,...~...-'o,'_"'~~_,_,,~"""'_,______~'__-.-.._...._"'."~~.... 11/18/96 PRIOR LAKE CITY COUNCIL MINUTES 5. PRESENTATIONS: A. Presentation by Councilmember Schenck. Councilmember Schenck discussed the awards given at the Minnesota Smoke-Free Coalition. A plaque was presented to the City of Prior Lake for adopting one of the toughest anti-smoking ordinances on the books. Prior Lake's Tobacco Ordinance is being adopted in other cities, and Councilmember Schenck said the City's law firm, Campbell-Knutson, should be commended for their work on it. Councilmember Schenck presented the plaque to Mayor Andren on behalf of the City. 6. PUBLIC HEARINGS: A. There were no public hearings. 7. OLD BUSINESS: A. Consider Approval of Report on the Background of the Required Crosswalk Delineation on Five Hawks A venue in Westbury Ponds. . City Manager Boyles discussed the background of the item. At a recent forum, the Westbury Ponds Developer asked the Council to consider relieving him of the responsibility of installing a crosswalk at Five Hawks Avenue. The Council then directed that the staff review the audio tapes from January 3, 1994 and April 17, 1995 meetings. These were the dates of preliminary and final plat approval. The transcripts of the tapes are in the agenda reports. There is some discussion in the tapes about the crosswalk, but also discussion about the sidewalk policy. The requirement to provide crosswalk demarcation is in Resolution 95-07. The City has since adopted an ordinance which allows the Council to require crosswalk demarcation. The developer offered landscaping at the Five Hawks / TH 13 intersection in lieu of the crosswalk. . Councilmember Kedrowski questioned Assistant Engineer Wingard regarding the roads in the development. Wingard said the final lift was done and there was only one crosswalk, Five Hawks and Willowwood. . Mayor Andren said if Council looked at the location of the crosswalk on the map, it might not be difficult to see why a crosswalk is needed. It was a condition of the preliminary plat. It is located by the medical center, and crosses the street to the school, so it is there for a safety feature for the neighborhood, clinic, and school. . Councilmember Kedrowski supported the original developer's agreement as adopted. If it was an issue back then, it should have been brought up at that point. . Councilmember Schenck supported the original decision. There were specific reasons why the City wanted a crosswalk at this location. It will serve an excellent purpose. MN II I 896.DOC 2 11118/96 PRIOR LAKE CITY COUNCIL MINUTES . Councilmember Mader said that since that was the original decision, and there were no reasons stated to change it, the original decision should be complied with. MOTION BY MADER SECOND BY SCHENCK TO REQUIRE THAT THE DEVELOPER COMPLY WITH THE EXISTING APPROVING RESOLUTION Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. 8. NEW BUSINESS: A. Consider Approval of City Position with Respect to Proposed Metropolitan Council Growth Management Strategy. . City Manager Boyles introduced the item. He discussed the formulation of the Metropolitan Council Growth Management Strategy and Prior Lake's proposed comments. The Metropolitan Council is seeking City Council endorsement of the Growth Management Strategy. There is a typographical error on number 3, in the middle of the page, the second "a" should be deleted. . Planning Director Rye presented the report. He said the first comment was probably the most important, "we have to identify additional implementation tools". His concern was that the tools for obtaining the Metropolitan Council's goals were not specific. . Councilmember Greenfield said when the Council was considering adoption of the plan, it seemed the Met Council was vague about the details at that time. Now they still have not given additional details about the means to obtaining the goals. . Planning Director Rye said in terms of the Growth Management Strategy, he would agree. The Met Council talked about increasing density. They just went through that process with the Livable Communities Act and a negotiation process that resulted in goals. They need to have a detailed plan of action. Leaving it in terms of encouraging and promoting, nothing will get done. . Councilmember Kedrowski asked if the City could argue that we are looking for specific standards rather than broad generalizations with in the policy. . Planning Director Rye said the Metropolitan Council had such a limited time frame (self-imposed), they put together what they could. The map they put out indicated that it was "illustrative", that they would work with communities and negotiate, and come up with implementation materials that they talk about in the blueprint. This still lacks direction as to what those tools will be, and the result may be chaos. MN 111896.DOC 3 11118/96 PRIOR LAKE CITY COUNCIL MINUTES . Councilmember Kedrowski said the report by Planning Director Rye was a good analysis. . Councilmember Mader said the problem that Planning Director Rye was trying to address was difficult, and that he had made a good start by showing that the City was not comfortable with this direction . Councilmember Greenfield said that this was a good effort to address a vague and open-ended Growth Strategy Management. He said he appreciated the effort that the staff had made, and it was a good reflection on Prior Lake. . Planning Director Rye said he had a copy of the agenda for an Association of Metropolitan Municipalities committee. They were trying to put together a committee strategy, and the staff draft of comments that reflected the committee statement on the management strategy. A number of the comments in their draft are reflected in Prior Lake's concerns as well. . Mayor Andren asked about the effect of this on the approved 2010 Comprehensive Plan. . Planning Director Rye said that the Metropolitan Council Staff apparently doesn't know. . Mayor Andren said Prior Lake was unique because there is a reservation within the corporate limits, and a Metropolitan Council-approved sewer line to the Dakota Community. Will they address any of those issues? . Planning Director Rye said it was pointed out in the comments, and when he and City Manager Boyles were before the committee, at least one Metropolitan Councilmember seemed interested in that. . City Manager Boyles said two hearings were scheduled for November 19 and 20, and Prior Lake would be at the second one. The public hearing record would be open until December 6th. That gives the City time to make comments at the hearing, and then to listen to what other communities have to say. December 2nd is the Joint Scott County Administrators meeting. This will be one of the items on the agenda, so that we can see how the other Scott County communities have responded to the same issue. City Manager Boyles is on the AMM Board of Directors, and on December 5 there will be a special meeting so that we could add issues or accentuate issues being raised by the communities, or issues missed during the course of review. . Councilmember Greenfield asked about how many communities have adopted a Comprehensive Plan and would be faced with revising the Comprehensive Plan, and the costs associated with that. He said the City should find out if it could get support from some other communities and make known to them financial concerns. In their eyes, this is not a mandated program, but it has many arrn- MNII1896.DOC 4 11/18/96 PRIOR LAKE CITY COUNCIL MINUTES twisting maneuvers as far as punitive penalties, or things the City can't take advantage of without participating in the program. · Mayor said she did not have any particular objection about the Dakota Community having sewer and water. Her concern was that she did not want the Metropolitan Council to take away Prior Lake's allocation to provide Dakota Community with it. This will have to be addressed, so that the outer part of the City is not penalized. MOTION BY KEDROWSKI SECOND BY GREENFIELD TO APPROVE THE PUBLIC HEARING COMMENTS AND DIRECT STAFF TO INCORPORATE COUNCIL CONCERNS INTO THEIR PRESENTATION. Upon a vote, ayes Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. B. Consider Approval of Ordinance 96-27 Amending the Zoning Ordinance and City Code Pertaining to the Definition of Impervious Surface. · City Manager Boyles introduced the item, which said driveways and parking lots should be considered impervious surface, regardless of whether they are paved or not. The ordinance has been considered by the planning commission and is recommended for adoption by the City Council. . Councilmember Greenfield said he supported that these areas be recognized as impervious surface. . Councilmember Mader agreed. . Councilmember Schenck asked about part of the ordinance that talked about deck replacement in the Shoreland District requiring a survey. City Manager Boyles explained it was for consistency between policies. . Councilmember Kedrowski questioned Planning Coordinator Kansier about whether this was a community-wide issue. She explained the ordinance was for precautionary reasons. They see a fair number of variance requests with building permit applications for new homes, additions, especially around the lake. A lot of older homes do have gravel driveways, and people pave them without permits. MOTION BY MADER SECOND BY KEDROWSKI TO APPROVE ORDINANCE 96-27 AMENDING THE ZONING ORDINANCE AND CITY CODE PERTAINING TO THE DEFINITION OF IMPERVIOUS SURFACE. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried. MIN1118.00c 5 11/18/96 PRIOR LAKE CITY COUNCIL MINUTES C. Consider Approval of Ordinance 96-XX Amending the Zoning Ordinance and City Code to Allow a Five Foot Side yard Setback for Existing Residential Structures in R-J and R-2 Zoning Districts. . City Manager Boyles explained the amendment was from the discussion regarding substandard lots which automatically had five foot sideyard setbacks. Council directed that staff prepare an ordinance amendment. It has been reviewed by the Planning Commission, and they do not support the amendment. . Mayor Andren discussed the inequity between large and substandard lots that arises, and she agreed to some degree with the position of the Planning Commission. People should not automatically be rewarded for having a substandard lot, when others who have large lots and want to improve them are unable to do it. Is there is another way of doing it without having the complications that some of the Planning Commissioners were concerned about. . Planning Director Rye said the other possibility was the variance process. The variance criteria are essentially set by statute. There is a setback standard for various districts and uses. This can be dealt with either by changing the standard or considering individual cases during the variance process. . Mayor Andren said if all the other criteria are met, the amendment prevents people from utilizing the property in a reasonable way. . Planning Director Rye said it would make it more difficult in certain cases. He cited examples of a garage addition and a house addition. The things that were suggested were averaging provisions, considering the angle of the house in front vs. back. . Mayor Andren said it is inequitable, she is not interested with an individual problem, but with the community. Substandard lots should not be rewarded. . Planning Director Rye said that substandard lots were created long ago, and by law the City has to allow reasonable use of the property. If there is a lot which is otherwise legal, that was built before the ordinance was in effect, with a six foot side yard, it does not preclude you from making additions to the property. . Mayor Andren said that the law regarding variances does not allow a lot of leeway, and does not allow a lot of leeway, but it does not work for everyone in the real world. She asked if the averaging provided for people to have breathing room. . Planning Director Rye said in most cases the house is built parallel to the lot line; the proposed language would not help them. . Mayor Andren asked if there were some criteria that could be added for the granting of variances. MINI I 18.DOC 6 11/18/96 PRIOR LAKE CITY COUNCIL MINUTES . Councilmember Kedrowski said most of the issues have been on older homes, is there some way to qualify it by the age of the property? . Planning Director Rye said they tried to do that in this language by limiting it to houses that are existing today, so that if someone had a legal lot, they could not come in and get a lesser setback. . Councilmember Kedrowski said he was concerned with those cases of people who have lived in the community, established a position, but need to expand their homes. There are those who subdivide property and those who are part of the mature community. . Mayor Andren said then there would be differentiation, and she didn't know if that could be done. . Councilmember Mader said he had difficulty with the suggestion that there would somehow be a set of ordinances which are fair and reasonable and everyone will love. There has to be compromise. He asked whether Planning Director Rye thought this was a good ordinance or a bad ordinance. . Planning Director Rye said it was an approach that he did not agree with. The variance provisions are there to deal with this issue, and if the Council wants to take that opportunity to distribute equity throughout the community, they could. . Councilmember Mader said that his concern was that when this carne up, the Council was dealing with the issue of asking for a variance. He said his perception was that the variance was granted on the grounds that the ordinances were not entirely equitable. Now here we are saying that maybe this is the best we have in terms of ordinance. If Planning Director Rye and the Planning Commission do not think this is a good ordinance, and there is not strong support here, he will vote against it. . City Attorney Pace said there are criteria for granting a variance, a justification of why there is a variance from literal and strict interpretation of a zoning ordinance. She said there may be other ways to go, setting conditions for applying for a variance. Under certain circumstances, then some people would not be eligible to apply for a substandard lot. . Councilmember Greenfield said "substandard" was an awkward term, and there was discussion when they were renewing the Shoreland Ordinance almost two years ago. They were still left with open-ended questions on how to deal with it. They tried to create some type of criterias that would alleviate certain circumstances. . City Attorney Pace said the Shoreland District does say that if certain criteria were met, it is a buildable lot. MN111896.DOC 7 11/18/96 PRIOR LAKE CITY COUNCIL MINUTES . Planning Director Rye said maybe it wasn't even a variance criteria, it was just stating that a setback will apply under these circumstances. . Councilmember Greenfield said he would feel uncomfortable dealing with this the way it is currently proposed. He said the Planning Commission was very careful. He did not want to create an erosion of the ordinance. Development of special criteria was an avenue to explore. . Mayor Andren said the other one that was dealt with was a permitted use, when the resident had to go through. living room to get to the deck and it was somewhat unreasonable under the circumstances. There was discussion on how to accommodate large lots so there was more of a reasonable use and so they could improve the property. . Councilmember Schenck said that on sideyard averaging there still is nothing. The Council is interested in finding out more about this. What does that take? . Planning Director Rye said it takes a Public Hearing before the Planning Commission, and bring it back to the Council. . Mayor Andren said it was something to wait on, City Attorney Pace is working on the issue, including averaging. MOTION BY GREENFIELD SECOND BY ANDREN TO DENY THE PROPOSED ORDINANCE AMENDING THE ZONING ORDINANCE TO ALLOW A FIVE FOOT SIDEY ARD SETBACK FOR EXISTING RESIDENTIAL STRUCTURES IN THE R-l AND R-2 ZONING DISTRICTS. . Councilmember Kedrowski recognized Assistant City Manager Tremere, who said that there were ways that it could be addressed. He said that equity could not be guaranteed in all cases, and people would still have situations requiring the variance process. He said that what the Council was dealing with was setting standards; he agreed with the City Attorney that there may be some procedural alternatives. The Mayor called the question. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. MOTION BY GREENFIELD SECOND BY ANDREN TO DIRECT THE CITY ATTORNEY TO WORK WITH THE CITY PLANNER AND PLANNING COMMISSION TO DEVELOP A SET OF CRITERIA THAT WOULD ADDRESS THE SUBSTANDARD SITUATIONS, GO THROUGH THE APPROPRIATE PROCESS FOR HEARINGS, AND RETURN WITH RECOMMENDATIONS. MNl 1 1 896. DOC 8 11/18/96 PRIOR LAKE CITY COUNCIL MINUTES Upon a vote, ayes Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. D. Consider Appeal of Hillcrest Homes, Inc. from a Decision of the Zoning Officer Relating to Setback Averaging. . Planning Director Rye presented the report. The setback averaging is from the ordinary high water level. One of the lots is vacant, so they determined that setback averaging could not be used. There was a single family dwelling, and the applicants came in and requested demolition and wanted to build on the lots. The building permit came in and according to the ordinance, averaging could not be applied to this permit since there were not houses immediately adjacent on both sides. The Planning Commission concurred with the appeal. . Councilmember Kedrowski asked if the City had a legal obligation. . City Attorney Pace said even if staff made an incorrect interpretation, individual citizens are charged with knowledge of the building ordinance, it is a discretionary act and the City has immunity. . Councilmember Kedrowski asked if they build on the other lot first, and then come back to this one, does that afford them the opportunity? . Planning Director Rye said assume their is variance on one lot, then averaging could apply to this lot. It would have to be through a variance. Both of the lots are about 50 feet wide. . Councilmember Kedrowski said history was to grant setback variances closer to lakeshore. . Planning Director Rye said the existing structure setback was about 54 feet, the house that was torn down was about the same, and the property adjacent to that was 55 or 56 feet. . Councilmember Kedrowski said if they applied for a setback variance, it would probably be given to them. . Planning Director Rye said probably, if that is the only way to make the lot buildable. . Councilmember Kedrowski asked if it is the obligation of staff to tell people what to apply for? . Planning Director Rye said they don't tell people what to apply for, they tell them their options. MNl 1 1 896. DOC 9 11/18/96 PRJOR LAKE CITY COUNCIL MINUTES . Councilmember Kedrowski asked if the applicant could apply for setback from the ordinary high-water mark instead, and look for consideration there versus averaging, which in this case does not apply. . Mayor Andren said she understood staff thought averaging could be used because the home was there. The front entryway was over the line, and it could have been removed and averaged out. Under the assumption that averaging could be used, they tore down the other house, and now they are saying there is two vacant lots. Though the City has no legal obligation, there is a moral obligation to correct an apparent oversight. . Planning Director Rye said the applicant said they wanted to build it without applying for a variance. . Councilmember Schenck said if he were to support staff, the homes along Fairlawn Shores follow the lakeshore uniformly, but this house would be set back, and he does not think this is the type of image they want. He said it would be appropriate to let this go through. . Councilmember Greenfield agreed. . Councilmember Mader said that this was a property used for a single home. It seems this was driven by concept of economic benefit, so the developer should take responsibility. He is worried that someone's oversight can become a reason to deviate from ordinances. To use averaging that doesn't seem to apply just sets a precedent for problems in the future. He said he would not support the request. . Councilmember Greenfield asked if it would be possible to create findings of fact for this special case under the circumstances. . City Attorney Pace said with respect to variances and property, generally no two properties are similarly situated. A finding for a variance could show that this would not be setting a precedent and the approval would articulate a rational basis for granting it. MOTION BY KEDROWSKI SECOND BY SCHENCK TO UPHOLD THE POSITION OF THE APPELLANT AND THE PLANNING COMMISSION, AND TO DIRECT THAT FINDINGS SHOULD BE ATTACHED. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, and Schenck, nay by Mader, the motion carried. . Councilmember Kedrowski asked since the Planning Commission voted to grant the averaging, why did they come to the Council . Planning Director Rye said in the case of an appeal, the Planning Commission is only the recommending facility, they don't have the authority to approve. MNll1896.DOC 10 11/18/96 PRIOR LAKE CITY COUNCIL MINUTES E. Consider Appeal of Dave Smith from a Decision of the Zoning Officer Relating to Setback Averaging. . Planning Director Rye reported on this item. In June, the Planning Commission granted him an 18 foot set variance to allow a 67 foot yard on Spring Lake Road. At that time, the property to the east was vacant, which prohibited the use of setback averaging. On September 30th, the applicant received a building permit. The Planning Commission granted a 22 foot variance, 63 feet from center line of Spring Lake Road for the adjacent vacant parcel, which is owned by Paveks. The variance granted the Paveks is three feet closer than the variance granted Mr. Smith. In October, Paveks received a building permit for a single family dwelling. On October 21, we received a request from the applicant to move his proposed addition closer to the street using setback averaging provisions. The interpretation was that the City cannot use setback averaging because at time of application of the building permit, there was no structure with which to average, and the Planning Commission resolution stated exactly what the setback would be by granting a varIance. The Planning Commission agreed that granting the variance determined the specific setback, and changes would require the variance request, and voted to recommend that City Council uphold their decision. If the appeal is upheld by the Council, the applicant will have to provide the City with a current survey indicating setback of the adjacent structure so that an average can be determined. The averaging may not result in the applicant's garage closer to the center line. An increase in the garage size will result in a change in impervious surface, which cannot exceed 300/0. If the applicant does not act on the variance that has been granted within one year, the variance becomes void. . Planning Director Rye said the applicant told the Planning Commission, he was looking for a setback like the one approved for the neighboring property. . Councilmember Greenfield said a variance should be unique to the property but the attitude here is "me too". . The applicant was not present. MOTION BY KEDROWSKI SECOND BY GREENFIELD TO UPHOLD THE DECISION OF THE ZONING OFFICER AND REQUEST THAT STAFF PREPARE A RESOLUTION AND, FINDINGS OF FACT TO SUPPORT THE ZONING OFFICER'S POSITION. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. MN111896.DOC 11 11/18/96 PRIOR LAKE CITY COUNCIL MINUTES 9. OTHER BUSINESS: A. Councilmember Mader said that he had been observing the water retention pond on Northwood Road. He said it has not yet been dealt with, and if the availability of fill was a problem, he would encourage a fence because it was a safety hazard. It is adjacent to a sidewalk and near a playground. . City Manager Boyles said that there was fill coming from projects in the City, and the contractor was in the process of obtaining additional fill to form a base. . Councilmember Mader said there should be a temporary fence, or plastic screen or something because of the safety issue. 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT The meeting was adjourned by t ')tJ / City Manager / Record;:;e~frAJ MlNlII8.DOC 12